MAN SENTENCED FOR ROLE IN ILLEGAL IMPORTATION AND TRAFFICKING IN NARWHAL TUSKS

FROM:  U.S. JUSTICE DEPARTMENT 
Monday, January 12, 2015
New Jersey Man Sentenced to 33 Months in Prison for Trafficking in Illegally-Imported Narwhal Tusks and Money Laundering

Andrew J. Zarauskas, a New Jersey resident, was sentenced to 33 months in prison for illegally importing and trafficking in narwhal tusks and associated money laundering crimes, announced Assistant Attorney General John C. Cruden for the Environment and Natural Resources Division.  Zarauskas was also ordered to forfeit $85,089, six narwhal tusks and one narwhal skull.  In addition, Zarauskas was ordered to pay a fine of $7,500.  His prison sentence will be followed by three years of supervised release.

On Feb. 14, 2014, a federal jury in Bangor, Maine, convicted Zarauskas on six counts, including conspiracy, smuggling violations for buying and illegally importing narwhal tusks into the United States and money laundering violations associated with the illegal importations.  The market value of the teeth and tusks illegally imported by Zarauskas was determined to be between $120,000 and $200,000.

Narwhals are listed as “threatened” under the Endangered Species Act (ESA) and are covered by the international Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).  It is illegal to import parts of the narwhal into the United States without a permit and without declaring the parts at the time of importation to U.S. Customs and Border Protection and the U.S. Fish and Wildlife Service.

“The Justice Department is committed to the fight to save the world’s protected wildlife species, many of which are under sustained attack by poachers and wildlife traffickers,” said Assistant Attorney General Cruden.  “We are particularly grateful to our federal and Canadian law enforcement partners for unraveling this scheme to traffic in narwhal tusks and for bringing Zarauskas and his co-conspirators to justice.”

“The significant penalties imposed today for Mr. Zarauskas send a powerful message to any individual that decides to engage in the trade of illegal wildlife,” said Deputy Assistant Director for Law Enforcement Edward Grace of the U.S. Fish and Wildlife Service.  “We will continue to work closely with our international, federal and state partners to root out those individuals who exploit protected wildlife species for their own financial gain.”

“This is yet another case where dedicated investigators helped stop an international smuggling ring attempting to profit from the illegal exploitation and trade of vulnerable and threatened marine species,” said Assistant Administrator Eileen Sobeck for National Oceanic and Atmospheric Administration (NOAA) Fisheries.  “NOAA will continue to work in collaboration with our international, federal and state law enforcement partners to make sure marine resources are protected now and into the future.”

According to the evidence presented a trial, Zarauskas purchased approximately 33 narwhal tusks over nearly six years from two Canadian co-defendants.  The Canadian co-defendants purchased the narwhal tusks in Canada and subsequently brought them into the United States illegally by concealing the narwhal tusks either under their truck or under a utility trailer and not declaring the wildlife to border officials as required.  Once in the United States, a Canadian co-defendant shipped the narwhal tusks to Zarauskas from Bangor, Maine.  Zarauskas knew that the co-defendants lived in Canada and had illegally imported the narwhal tusks into the United States.

The case was investigated by agents from the Law Enforcement Offices of NOAA, U.S. Fish and Wildlife Service, and Environment Canada.  The case was prosecuted by Trial Attorneys Todd S. Mikolop and James B. Nelson of the Department of Justice’s Environmental Crimes Section.

NARWHAL TUSK TRAFFICKER CONVICTED FOR ROLE IN ILLEGAL IMPORTATION CASE

FROM:  JUSTICE DEPARTMENT 
Friday, February 14, 2014
Narwhal Tusk Trafficker Convicted of Conspiracy and Money Laundering

Andrew L. Zarauskas, 60, of Union, N.J., was found guilty today by a federal jury in Bangor, Maine, of illegally trafficking and smuggling narwhal tusks, and associated money laundering crimes, announced Robert G. Dreher, Acting Assistant Attorney General for the Environment and Natural Resources Division .

The defendant was convicted of conspiracy, money laundering conspiracy, smuggling, and money laundering violations for buying narwhal tusks knowing the tusks had been illegally imported into the United States from Canada, as well as selling or attempting to sell the tusks after their illegal importation.

“The Justice Department takes seriously our responsibility to prosecute those who engage in the illegal trade of any protected wildlife species,” said Acting Assistant Attorney General Dreher.  “Zarauskas and his co-conspirators flouted U.S. law and international agreements that protect marine mammals such as the narwhal for their own personal financial benefit.  The Justice Department will continue to investigate and prosecute those engaged in this insidious trade in order to protect species for future generations to enjoy.”

"The success of this investigation was a direct result of the uncompromising cooperation between special agents of the U.S. Fish and Wildlife Service, NOAA and Environment Canada. It is this type of international teamwork which exemplifies the ongoing fight against illegal wildlife trafficking."  said William C. Woody, Assistant Director for Law Enforcement for the U.S. Fish and Wildlife Service.

“This investigation is an example of excellent coordinated efforts between NOAA, Office of Law Enforcement (OLE) and the U.S. Fish and Wildlife Service, Office of Law Enforcement” said Logan Gregory, Special Agent In Charge for NOAA.   The protection of Marine Mammals and enforcement of the Marine Mammal Protection Act is a high priority for OLE and we will continue to work with our enforcement partners and the Department of Justice to ensure compliance.”

From 2002 to 2008, Zarauskas knowingly purchased approximately 33 narwhal tusks that he knew were illegally imported into the United States in violation of federal law.  A narwhal is a medium-sized whale with an extremely long tusk that projects from its upper left jaw, often referred to as the unicorn of the sea.   As marine mammals narwhals are protected by the Marine Mammal Protection Act and are listed on Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).   It is illegal to import parts of marine mammals into the United States without the requisite permits/certifications, and without declaring the merchandise at the time of importation to U.S. Customs and the U.S. Fish and Wildlife Service.  Narwhal tusks are commonly collected for display purposes and can fetch large sums of money.

According to evidence presented at the trial, Zarauskas conspired with others, including persons located in Canada, to illegally import the protected tusks for re-sale in the United States and to launder the funds used to purchase the narwhal tusks by transporting, transmitting, or transferring checks and money orders from New Jersey to Canada, intending that the money be used for further illegal imports of narwhal tusks.

On Jan. 7, 2014, Jay G. Conrad, of Lakeland, Tenn., who had been charged in the same indictment, pleaded guilty to conspiring to illegally import and traffic narwhal tusks, conspiring to launder money, and illegally trafficking narwhal tusks.   On that same date, a plea agreement was also unsealed in which Eddie T. Dunn, of Eads, Tenn., pleaded guilty in the District of Alaska to conspiring to illegally traffic, and trafficking, narwhal tusks.

Throughout the conspiracy, Zarauskus and his co-conspirators made payments to the Canadian supplier for the narwhal tusks, by sending the payments to a mailing address in Bangor, Maine, or directly to the supplier in Canada.   The payments allowed the Canadian supplier to purchase and re-supply Zarauskus and Conrad with more narwhal tusks that they could then re-sell.   Conrad sold between $400,000 and $1 million worth of narwhal tusks and Dunn sold approximately $1.1 million worth of narwhal tusks as members of the conspiracy.

Earlier this week, President Obama announced the National Strategy for Combating Wildlife Trafficking, recognizing that record high demand for wildlife products, coupled with inadequate preventative measures and weak institutions has resulted in an explosion of illicit trade in recent years.   Like other forms of illicit trade, wildlife trafficking undermines security across nations.   While t he Department of Justice has long worked to protect threatened and endangered wildlife species through its enforcement of the Lacey Act and the Marine Mammal Protection Act, among other laws, the National Strategy identifies priority areas for increased interagency coordination, with the objectives of harnessing and strategically applying the full breadth of U.S. Government resources to end the pernicious trade in protected species both at home and abroad.

Zarauskus and Conrad are to be sentenced by U.S. District Court Judge John A. Woodcock in the District of Maine.   A sentencing date has not been set.   They each face a maximum of twenty years incarceration for their involvement in this narwhal tusk trafficking scheme, and a fine of up to $250,000. Dunn is scheduled to be sentenced by U.S. District Judge Ralph R. Beistline in the District of Alaska on March 20, 2014, and may be imprisoned up to five years and fined $250,000. Co-defendant Gregory R. Logan is pending extradition from Canada to the District of Maine.

The case was investigated by agents from National Oceanic and Atmospheric Administration Office of Law Enforcement, the United States Fish and Wildlife Service Office of Law Enforcement and in coordination with Environmental Canada Wildlife Enforcement Division and the Department of Justice’s Office of International Affairs.  The case is being prosecuted by Trial Attorneys Todd S. Mikolop and James Nelson of the Justice Department’s Environmental Crimes Section.

PIRANHA IMPORTER PLEADS GUILTY TO IMPORT VIOLATIONS

FROM:  JUSTICE DEPARTMENT
Wednesday, January 29, 2014
Tropical Fish Importer Pleads Guilty in New York Federal Court to Piranha Import Violations

Joel Rakower, along with his solely-owned corporation, Transship Discounts Ltd., pleaded guilty today in federal court in Brooklyn, N.Y., to violating the Lacey Act by mislabeling imported piranhas, announced Acting Assistant Attorney General Robert G. Dreher for the Environment and Natural Resources Division of the Department of Justice and Queens County District Attorney Richard A. Brown.

In the plea agreement, Rakower admitted that his company purchased piranhas from a Hong Kong tropical fish supplier and imported them to Queens, N.Y.   Each such import must be accompanied by a packing list describing what wildlife is contained in the package being imported, and the importer must provide this packing list to the United States Fish and Wildlife Service upon import for inspection.   In March of 2011, shortly after New York City prohibited possession of piranhas, Rakower instructed the foreign supplier to falsely label the piranhas on packing lists as silver tetras, a common and unaggressive aquarium fish.   Over the course of 2011 and 2012, Transship submitted packing lists to the Fish and Wildlife Service containing false identifications of 39,548 piranhas, worth approximately $37,376, which Transship then sold to fish retailers in several states.

“Rakower flouted federal laws meant to protect people and the environment from the illegal trade in wildlife species,” said Acting Assistant Attorney General Dreher.  “Mislabeling imported wildlife presents dangers to the public and the environment and we will continue to prosecute these cases.”

Under the plea agreements, Rakower agreed to pay a $3,000 fine.   Transship agreed to  serve a two-year period of probation, pay a $35,000 fine and pay $35,000 in restitution to the State of New York’s Department of Environmental Conservation Division of Law Enforcement.  Both parties will be sentenced on April 24, 2014.

Piranhas are freshwater fish originating from South American rivers such as the Amazon, Orinoco, Guyana and the Sao Francisco river systems.  Piranhas are extremely aggressive and territorial, feeding on insects, fish, and larger prey such as amphibians, reptiles and mammals.  As a result of piranhas’ aggressiveness, 25 states have either banned or regulated piranhas, making them illegal to own or sell.  Piranhas, an injurious species, could pose a serious risk if they escaped into native water systems, potentially damaging ecosystems through aggressive predation or injuring people or pets.  Tropical fish enthusiasts can contribute to this possibility by releasing piranhas into the wild when they grow too large for a tank.  Although piranhas originate from tropical waters, they are able to withstand much cooler water temperatures, creating fear that they may even become established in more northern US waters.   Effective regulation of piranha possession and sales within the United States depends on accurate reporting of piranha imports; concealing the fish upon import facilitates their entry into the black market in states that have banned or strictly regulated piranhas to protect state waters and ecosystems.

“Driven by greed and without regard for the health and safety of people or the environment, the defendant and his company illegally trafficked in piranha by falsely labeling the imported predatory freshwater fish as being silver tetras, a far more benign fish often kept in home aquariums and having a far less street value than piranha,” said District Attorney Brown.  “I thank the New York State Department of Environmental Conservation and our federal colleagues – the U.S. Fish and Wildlife Service and the United States Department of Justice’s Environment and Natural Resources Division – for providing a reasonable and appropriate resolution of the case.”

This case was investigated by the United States Fish and Wildlife Service in conjunction with the New York State Department of Environmental Conservation Division of Law Enforcement, and is being prosecuted by Cassandra Barnum, a trial attorney in the Environmental Crimes Section of the U.S. Department of Justice’s Environment and Natural Resources Division.

WINDMILL ENERGY COMPANY RECEIVES SENTENCE FOR KILLING BIRDS

FROM:  U.S. JUSTICE DEPARTMENT 
Friday, November 22, 2013
Utility Company Sentenced in Wyoming for Killing Protected Birds at Wind Projects

Duke Energy Renewables Inc., a subsidiary of Duke Energy Corp., based in Charlotte, N.C., pleaded guilty in U.S. District Court in Wyoming today to violating the federal Migratory Bird Treaty Act (MBTA) in connection with the deaths of protected birds, including golden eagles, at two of the company’s wind projects in Wyoming.   This case represents the first ever criminal enforcement of the Migratory Bird Treaty Act for unpermitted avian takings at wind projects.

Under a plea agreement with the government, the company was sentenced to pay fines, restitution and community service totaling $1 million and was placed on probation for five years, during which it must implement an environmental compliance plan aimed at preventing bird deaths at the company’s four commercial wind projects in the state.   The company is also required to apply for an Eagle Take Permit which, if granted, will provide a framework for minimizing and mitigating the deaths of golden eagles at the wind projects.

The charges stem from the discovery of 14 golden eagles and 149 other protected birds, including hawks, blackbirds, larks, wrens and sparrows by the company at its “Campbell Hill” and “Top of the World” wind projects in Converse County between 2009 and 2013.   The two wind projects are comprised of 176 large wind turbines sited on private agricultural land.

According to the charges and other information presented in court, Duke Energy Renewables Inc. failed to make all reasonable efforts to build the projects in a way that would avoid the risk of avian deaths by collision with turbine blades, despite prior warnings about this issue from the U.S. Fish and Wildlife Service (USFWS).   However, the company cooperated with the USFWS investigation and has already implemented measures aimed at minimizing avian deaths at the sites.

“This case represents the first criminal conviction under the Migratory Bird Treaty Act for unlawful avian takings at wind projects,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department's Environment and Natural Resources Division.  “In this plea agreement, Duke Energy Renewables acknowledges that it constructed these wind projects in a manner it knew beforehand would likely result in avian deaths. To its credit, once the projects came on line and began causing avian deaths, Duke took steps to minimize the hazard, and with this plea agreement has committed to an extensive compliance plan to minimize bird deaths at its Wyoming facilities and to devote resources to eagle preservation and rehabilitation efforts.”

“The Service works cooperatively with companies that make all reasonable efforts to avoid killing migratory birds during design, construction and operation of industrial facilities,” said William Woody, Assistant Director for Law Enforcement of the U.S. Fish and Wildlife Service.   “But we will continue to investigate and refer for prosecution cases in which companies - in any sector, including the wind industry - fail to comply with the laws that protect the public’s wildlife resources.”

More than 1,000 species of birds, including bald and golden eagles, are protected under the Migratory Bird Treaty Act (MBTA).   The MBTA, enacted in 1918, implements this country’s commitments under avian protection treaties with Great Britain (for Canada), Mexico, Japan and Russia.  The MBTA provides a misdemeanor criminal sanction for the unpermitted taking of a listed species by any means and in any manner, regardless of fault.  The maximum penalty for an unpermitted corporate taking under the MBTA is $15,000 or twice the gross gain or loss resulting from the offense, and five years’ probation.

According to papers filed with the court, commercial wind power projects can cause the deaths of federally protected birds in four primary ways: collision with wind turbines, collision with associated meteorological towers, collision with, or electrocution by, associated electrical power facilities, and nest abandonment or behavior avoidance from habitat modification.   Collision and electrocution risks from power lines (collisions and electrocutions) and guyed structures (collision) have been known to the utility and communication industries for decades, and specific methods of minimizing and avoiding the risks have been developed, in conjunction with the USFWS. The USFWS issued its first interim guidance about how wind project developers could avoid impacts to wildlife from wind turbines in 2003, and replaced these with a “tiered” approach outlined in the Land-Based Wind Energy Guidelines (2012 LBWEGs), developed with the wind industry starting in 2007 and released in final form by the USFWS on March 23, 2012.   The Service also released Eagle Conservation Plan Guidance in April 2013 and strongly recommends that companies planning or operating wind power facilities in areas where eagles occur work with the agency to implement that guidance completely.

For wind projects, due diligence during the pre-construction stage—as described in the 2003 Interim Guidelines and tiers I through III in the 2012 LBWEGs—by surveying the wildlife present in the proposed project area, consulting with agency professionals, determining whether the risk to wildlife is too high to justify proceeding and, if not, carefully siting turbines so as to avoid and minimize the risk as much as possible, is critically important because, unlike electric distribution equipment and guyed towers, at the present time, no post-construction remedies, except “curtailment” (i.e., shut-down), have been developed that can “render safe” a wind turbine placed in a location of high avian collision risk.   Other experimental measures to reduce prey, detect and deter avian proximity to turbines are being tested.   In the western United States, golden eagles may be particularly susceptible to wind turbine blade collision by wind power facilities constructed in areas of high eagle use.

The $400,000 fine imposed in the case will be directed to the federally-administered North American Wetlands Conservation Fund.   The company will also pay $100,000 in restitution to the State of Wyoming, and perform community service by making a $160,000 payment to the congressionally-chartered National Fish and Wildlife Foundation, designated for projects aimed at preserving golden eagles and increasing the understanding of ways to minimize and monitor interactions between eagles and commercial wind power facilities, as well as enhance eagle rehabilitation and conservation efforts in Wyoming.   Duke Energy Renewables is also required to contribute $340,000 to a conservation fund for the purchase of land, or conservation easements on land, in Wyoming containing high-use golden eagle habitat, which will be preserved and managed for the benefit of that species.   The company must implement a migratory bird compliance plan containing specific measures to avoid and minimize golden eagle and other avian wildlife mortalities at company’s four commercial wind projects in Wyoming.

According to papers filed with the court, Duke Energy Renewables will spend approximately $600,000 per year implementing the compliance plan.   Within 24 months, the company must also apply to the U.S. Fish and Wildlife Service for a Programmatic Eagle Take Permit at each of the two wind projects cited in the case.  

The case was investigated by Special Agents of the U.S. Fish and Wildlife Service and prosecuted by Senior Counsel Robert S. Anderson of the Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division and Assistant U.S. Attorney Jason Conder of the District of Wyoming.

ANTIQUES DEALER PLEADS GUILTY FOR ROLE IN WILDLIFE SMUGGLING CONSPIRACY

FROM:  U.S. JUSTICE DEPARTMENT 
Wednesday, August 7, 2013
Antiques Dealer Pleads Guilty in New York City Federal Court to Wildlife Smuggling Conspiracy

Qiang Wang, a/k/a Jeffrey Wang, a New York antiques dealer, pleaded guilty today in federal court in New York City to conspiracy to smuggle Asian artifacts made from rhinoceros horns and ivory and violate wildlife trafficking laws, announced Robert G. Dreher, the Acting Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice, Preet Bharara, U.S. Attorney for the Southern District of New York, and Dan Ashe, Director of the U.S. Fish and Wildlife Service.
 
Wang was arrested in February 2013 as part of “Operation Crash,” a nation-wide crackdown in the illegal trafficking in rhinoceros horns, for his role in smuggling libation cups carved from rhinoceros horns from New York to Hong Kong and China.  He pleaded guilty today before U.S. District Judge Katherine B. Forrest of the Southern District of New York.

“Wang and others conspired in an illegal trade that is threatening the future of these species,” said Acting Assistant Attorney General Dreher. “This prosecution and continuing investigation should send a clear message to buyers and sellers that we will vigorously investigate and prosecute those who are involved in this devastating trade.”

“Today’s guilty plea ensures that Qiang Wang, who flouted domestic and international regulations by smuggling artifacts made from an endangered species out of the United States, will be held to account for his crimes,” said U.S. Attorney Bharara.  “This Office will continue to work with its law enforcement partners to hold to account anyone engaged in this illegal trade.”

“Poaching and profiteering are undermining decades of work by conservationists to stabilize and rebuild rhino and elephant populations,” said Fish and Wildlife Service Director Ashe.  “As this latest guilty plea demonstrates, we continue working with our partners in the United States and overseas to stop the slaughter and crack down on the illegal trafficking that fuels it.”  

According to the information, plea agreement, and statements made during court proceedings:

In China, there is a tradition dating back centuries of intricately carving rhinoceros horn cups.  Drinking from such a cup was believed by some to bring good health, and antique carvings are highly prized by collectors.  Libation cups and other ornamental carvings are particularly sought after in China and in other Asian countries, as well as in the United States.  The escalating value of such items has resulted in an increased demand for rhinoceros horn that has helped fuel a thriving black market, including fake antiques made from recently hunted rhinoceros.  

Between approximately January 2011 and February 2013, Wang conspired with at least two others to smuggle objects containing rhinoceros horn and elephant ivory out of the United States knowing that it was illegal to export such items without required permits.  Due to their dwindling populations, all rhinoceros and elephant species are protected under international trade agreements.  Wang made and used false U.S. Customs Declarations for the packages containing rhinoceros horn and ivory objects in order to conceal the true contents of the packages, and did not declare them to the U.S. Fish and Wildlife Service or U.S. Customs and Border Protection as required under U.S. law and international trade agreements.

Wang, 34, of Flushing, N.Y., pleaded guilty to one count of conspiracy, which carries a maximum penalty of five years in prison.  Under the terms of the plea agreement, items recovered from Wang’s apartment, including an ivory statute found hidden behind his bed, will be forfeited.  He is scheduled to be sentenced by Judge Forrest on Oct. 25, 2013.

Rhinoceros are an herbivore species of prehistoric origin and one of the largest remaining mega-fauna on earth. They have no known predators other than humans. All species of rhinoceros are protected under United States and international law.  Since 1976, trade in rhinoceros horn has been regulated under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a treaty signed by over 170 countries around the world to protect fish, wildlife, and plants that are or may become imperiled due to the demands of international markets.

Operation Crash is a continuing investigation being conducted by the Department of the Interior’s Fish and Wildlife Service (FWS), in coordination with other federal and local law enforcement agencies including U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.  A “crash” is the term for a herd of rhinoceros.  Operation Crash is an ongoing effort to detect, deter and prosecute those engaged in the illegal killing of rhinoceros and the unlawful trafficking of rhinoceros horns.

Mr. Bharara and Mr. Dreher commended the U.S. Fish and Wildlife Service for its outstanding work in this investigation.  They also thanked the New York State Department of Environmental Conservation Division of Law Enforcement and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations for their assistance.

The case is being handled by the U.S. Attorney’s Office Complex Frauds Unit and the Justice Department’s Environment and Natural Resources Division.  Assistant United States Attorney Janis M. Echenberg and Senior Trial Attorney Richard A. Udell of the Justice Department’s Environmental Crimes Section are in charge of the prosecution.

HUNTER INDICTED FOR ILLEGALLY SELLING ELEPHANT TUSKS

FROM: U.S. DEPARTMENT OF JUSTICE
Wednesday, May 22, 2013

African Trophy Hunter Indicted for Violating Endangered Species Act and Lacey Act

Charles Kokesh was indicted by a federal grand jury in Pensacola, Florida, for violating the Endangered Species Act and the Lacey Act by selling two African elephant tusks and for making false accounts of wildlife related to that sale, the Justice Department announced today.

The three count indictment returned yesterday alleges that Kokesh legally imported a sport-hunted African elephant trophy mount from Namibia, but thereafter illegally sold the two tusks, from New Mexico to a buyer in Florida. The sale price was approximately $8,100, to be paid in a combination of currency and guns. After the sale, Kokesh allegedly falsely described that sale, in an email to personnel at the U.S. Fish and Wildlife Service, as a shipment to an appraiser in anticipation of a donation to a non-profit entity. Kokesh similarly falsely accounted for the location and disposition of the tusks in subsequent correspondence. Each false account and record is charged under the Lacey Act.

African elephants are protected under the Endangered Species Act and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Both the United States and Namibia are signatories to CITES. African elephant populations in Namibia are listed in Appendix II of CITES, which includes species that are not necessarily threatened with extinction now, but may become so unless trade in specimens of such species is strictly regulated. Since 2000, the Namibian African elephant listing has specified that the species cannot be used for commercial purposes.

The United States implements CITES through the Endangered Species Act and regulations issued thereunder. To implement the CITES prohibition against commercial use of African elephant specimens, regulations issued under the Endangered Species Act proscribe the commercial use, including sale, of sport-hunted African elephant trophies, even if the trophies are legally hunted and imported.

According to a recent report produced by CITES and partner organizations, entitled "Elephants in the Dust –The African Elephant Crisis," populations of elephants in Africa are under severe threat as the illegal trade in ivory grows – with the number of elephants killed doubling and the amount of ivory seized tripling over the last decade. An estimated 17,000 elephants were illegally killed in 2011 to feed the illegal trade.

An indictment is merely an accusation, and a defendant is presumed innocent unless and until proven guilty in a court of law.

The maximum penalty for the charged violation of the Endangered Species Act is up to six months in prison and a $25,000 fine. The maximum penalty for making a false statement is up to five years in prison and a $250,000 fine.

The case was investigated by the U.S. Fish and Wildlife Service and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives and is being prosecuted by the Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division and the U.S. Attorney’s Office for the Northern District of Florida.

MAN PLEADS GUILTY TO LACY ACT VIOLATIONS IN COLORADO

North American Elk.  Credit:  Wikiomedia Commons.

FROM: U.S. DEPARTMENT OF JUSTICE
Wednesday, February 13, 2013

Colorado Big Game Outfitter Sentenced to Prison for Six Lacey Act Felonies

Big game hunting outfitter Dennis Eugene Rodebaugh, 72, of Meeker, Colo., was sentenced in Denver today to 41 months in prison to be followed by three years supervised release for six felony counts of violating the Lacey Act, announced the Department of Justice Environment and Natural Resources Division, the U.S. Fish and Wildlife Service and Colorado Parks and Wildlife. District Judge Christine M. Arguello also sentenced Rodebaugh, to pay a $7,500 fine to the Lacey Act reward fund and $37,390 in restitution to the state of Colorado for the value of illegally taken elk and deer.

Rodebaugh was found guilty by a jury in September 2012 of aiding and abetting six violations of the Lacey Act by providing outfitting and guiding services from salt-baited tree-stands between 2005 and 2007. Beginning in 1988, Mr. Rodebaugh began offering multi-day elk and deer hunts to out-of-state clients on the White River National Forest through his outfitting business, called "D&S Guide and Outfitter," for between $1,200 and $1,600.

Rodebaugh's assistant guide, Brian Kunz, was also sentenced today. He previously pleaded guilty to two misdemeanor counts of violating the Lacey Act while working for Rodebaugh. Based on his acceptance of responsibility and the government’s motion for downward departure based on his cooperation, the court sentenced Mr. Kunz to time served (one day) and one year of probation plus a $2,000 fine

Each spring and summer, Mr. Rodebaugh placed hundreds of pounds of salt as bait near the tree-stands from which his clients would hunt deer and elk with archery equipment. The placement and use of salt to aid in the taking of big game is unlawful in Colorado. The interstate sale of big game outfitting and guiding services for the unlawful taking of big game with the aid of bait constitutes a violation of the Lacey Act.

This case was investigated by Colorado Parks and Wildlife and the U.S. Fish and Wildlife Service.

The case was prosecuted by Senior Trial Attorney J. Ronald Sutcliffe and Trial Attorney Mark Romley, of the Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division.

U.S. FISH AND WILDLIFE SERVICE RELEASES LIST OF CANDIDATES FOR ENDANGERED SPECIES ACT PROTECTION

Relicit Leopard Frog is a candidate for the Endangered Species Protection. Territories
in which the relict leopard Frog is known to or is believed to occur are Arizona and Nevada. Photo Credit: U.S. Fish And Game Service.

FROM: U.S. FISH AND WILDLIFE SERVICE
U.S. Fish and Wildlife Service Releases Annual List of Candidates for Endangered Species Act Protection
November 20, 2012

The U.S. Fish and Wildlife Service today released its Candidate Notice of Review, a yearly appraisal of the current status of plants and animals considered candidates for protection under the Endangered Species Act (ESA). Three species have been removed from candidate status, two have been added, and nine have a change in priority from the last review conducted in October of 2011.

There are now 192 species recognized by the Service as candidates for ESA protection, the lowest number in more than 12 years. This reduction reflects the Service’s successful efforts to implement a court-approved work plan that resolves a series of lawsuits concerning the agency’s ESA Listing Program. Since its implementation, this agreement has significantly reduced litigation-driven workloads and allowed the agency to protect 25 candidate species under the ESA, and propose protection for 91 candidate species.

The agreement will continue to allow the agency to focus its resources on the species most in need of the ESA’s protections over the next five years, said Fish and Wildlife Service Director Dan Ashe.

"We’re continuing to keep the commitments we made under this agreement, which has enabled us to be more efficient and effective in both protecting species under the ESA, as well as in working with our partners to recover species and get them off the list as soon as possible," said Director Ashe. "Our ultimate goal is to have the smallest Candidate List possible, by addressing the needs of species before they require ESA protection and extending the ESA’s protections to species that truly need it."

Ashe noted that the work plan will enable the agency to systematically review and address the needs of every species on the 2011 candidate list – a total of more than 250 unique species – over a period of six years to determine if they should be added to the Federal Lists of Endangered and Threatened Wildlife and Plants.

Candidate species are plants and animals for which the Service has enough information on their status and the threats they face to propose them as threatened or endangered, but developing a proposed listing rule is precluded by the need to address other higher priority listing actions. Candidate species do not receive protection under the ESA, although the Service works to conserve them. The annual review and identification of candidate species provides landowners and resource managers notice of species in need of conservation, allowing them to address threats and work to preclude the need to list the species. The Service is currently working with landowners and partners to implement voluntary conservation agreements covering 5 million acres of habitat for more than 130 candidate species.

Today’s notice identifies two new candidate species: Peñasco least chipmunk (Sacramento and White Mountains, New Mexico) and Cumberland arrow darter (Kentucky and Tennessee). All candidates are assigned a listing priority number based on the magnitude and imminence of the threats they face. When adding species to the list of threatened or endangered species, the Service addresses species with the highest listing priority first. The nine changes in priority announced in today’s notice are based on new information in the updated assessments of continuing candidates. These changes include five species that increased in priority and four that lowered in priority.

The three species removed from the candidate list include elongate mud meadow springsnail, Christ’s paintbrush, and bog asphodel. Based on protections for almost all sites, the identification of additional sites, and updated information on threats, the bog asphodel no longer needs the protection of the ESA. The removal of the springsnail and paintbrush is based on the successful conservation efforts by other federal agencies. Efforts by the Bureau of Land Management for the springsnail fully addressed the threats from recreational and livestock use of the springs where the snail exists. Also, three additional populations of the springsnail have been discovered, making this species less vulnerable to random, naturally occurring events than previously thought. For Christ’s paintbrush, the U.S. Forest Service has successfully implemented numerous conservation actions that have ameliorated most of the previously known threats and established long-term monitoring programs to document their effectiveness on conservation actions. There is a long-term commitment by the Forest Service, through a 2005 Candidate Conservation Agreement and 2012 Memorandum of Agreement with the Service, to continue to implement conservation actions for this species.

The Service is soliciting additional information on the candidate species, as well as information on other species that may warrant protection under the ESA. This information will be valuable in preparing listing documents and future revisions or supplements to the candidate notice of review.

The Service also has multiple tools for protecting candidate species and their habitats, including a grants program that funds conservation projects by private landowners, states and territories. In addition, the Service can enter into Candidate Conservation Agreements (CCAs), formal agreements between the Service and one or more public or private parties to address the conservation needs of proposed or candidate species, or species likely to become candidates, before they actually become listed as endangered or threatened. CCA participants voluntarily commit to implementing specific actions removing or reducing the threats to these species, thereby contributing to stabilizing or restoring the species. Through 110 CCAs, habitat for more than 100 species is managed on federal, state, local agency, tribal and private lands; many CAAs have multiple cooperators focusing conservation actions in an area supporting a single or multiple species.

Another similar tool is the Candidate Conservation Agreement with Assurances (CCAAs). While these voluntary agreements are only between the Service and non-Federal landowners, they have the same goals as CCAs in addressing threats to candidate species, but with additional incentives for conservation actions on non-Federal lands. More than 71 landowners in 18 states have enrolled in CCAAs that cover over 1 million acres of habitat for 41 species.

The complete notice and list of proposed and candidate species appears in the Federal Register and can be found online at http://www.fws.gov/endangered/what-we-do/cnor.html.

BIG GAME OUTFITTER CONVICTED OF BAITING FOR ELK AND DEER WITH SALT

Photo:  Bull Elk.  Credit:  Wikimedia.
FROM: U.S. DEPARTMENT OF JUSTICE
Thursday, September 20, 2012

Colorado Big Game Outfitter Convicted of Six Lacey Act Violations

WASHINGTON – Big game hunting outfitter Dennis Eugene Rodebaugh, 72, of Meeker, Colo., was convicted by a federal jury in Denver today of six charges of violating the Lacey Act, announced the Department of Justice Environment and Natural Resources Division, U.S. Fish and Wildlife Service, and Colorado Parks and Wildlife.

According to the indictment, Rodebaugh operated a Colorado big game outfitting business called "D&S Guide and Outfitter" beginning in 1988, offering multi-day elk and deer hunts to many non-resident clients in the White River National Forest for between $1,200 and $1,600. The indictment alleged that each summer between 2002 and 2007, the defendant outfitted numerous clients, on hunts in which deer and elk were shot from tree stands near which Rodebaugh placed hundreds of pounds of salt each spring and summer as bait. The placement and use of bait to aid in the taking of big game is unlawful in Colorado. The interstate sale of big game outfitting and guiding services for the unlawful taking of big game with the aid of bait constitutes a felony violation of the Lacey Act.

Each of the six felony counts on which the defendant was convicted carries a maximum punishment of five years imprisonment and up to a $250,000 fine. Rodebaugh also agreed to forfeit two all terrain vehicles and a utility trailer used in the commission of the six Lacey Act crimes.

This case was investigated by Colorado Parks and Wildlife and the U.S. Fish and Wildlife Service.

The case was prosecuted by Senior Trial Attorney J. Ronald Sutcliffe and Trial Attorney Mark Romley, of the Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division.

SMUGGLERS PLEAD GUILTY TO ILLEGAL TRAFFICKING IN RHINO HORN

Photo: Rhinoceros. Credit: CIA World Factbook

FROM:  U.S. DEPARTMENT OF JUSTICE
Friday, September 14, 2012
Members of Smuggling Ring Plead Guilty in Los Angeles to Crimes Relating to Illegal Trafficking of Endangered Rhinoceros Horn

WASHINGTON – Three defendants pleaded guilty today to charges of conspiracy, smuggling, Lacey Act violations, money laundering and tax fraud for their roles in the international illegal trafficking of rhinoceros horn. All of the defendants were charged in February 2012 as part of "Operation Crash," a nationwide U.S. Fish and Wildlife Service crackdown on those involved in the black market trade of endangered rhinoceros horn.

The guilty pleas were announced by Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice; André Birotte Jr., U.S. Attorney for the Central District of California; and Dan Ashe, Director of the Department of the Interior’s U.S. Fish and Wildlife Service (FWS).

Vin h Chung "Jimmy" Kha, 49, and Felix Kha, 26, both of Garden Grove, Calif., each pleaded guilty to five felony counts related to their roles in the smuggling conspiracy. Win Lee Corp., owned by Jimmy Kha, pleaded guilty to two felony counts charging smuggling and Lacey Act trafficking.

Two other defendants linked to the Khas – J in Zhao Feng, 45, of China and Jarrod Wade Steffen, 32, of Hico, Texas – previously pleaded guilty to federal charges in Los Angeles related to rhino horn trafficking.

In their plea agreements, Jimmy and Felix Kha each admitted purchasing White and Black rhinoceros horn in interstate and intrastate commerce, knowing that animals were protected by federal law as endangered and threatened species. Both defendants stated that they purchased the horns in order to export them overseas to be sold and made into libation cups or traditional medicine. Both acknowledged making payments to Vietnamese customs officials to ensure clearance of horn shipments sent to that country. In addition, Jimmy and Felix Kha each admitted to failing to pay income tax owed in 2009 and 2010.

In an earlier plea agreement, which was filed with the court on Aug. 15, 2012, Feng admitted to fraudulently and knowingly attempting to smuggle a black rhinoceros horn, an endangered species, from the United States to China. Steffen, who used money provided by the Khas to buy horns for them, pleaded guilty on June 14, 2012, to charges of conspiracy, smuggling, Lacey Act violations and money laundering.

"The Khas conspired to violate numerous federal laws, including those enacted by Congress to protect endangered species like the rhinoceros, a species that faces extinction in our time," said Assistant Attorney General Ignacia S. Moreno. "This prosecution and continuing investigation should send a clear message that we will vigorously investigate and prosecute those who are involved in this egregious and illegal trade."

"It is unconscionable that a species as ancient and majestic as the African Black Rhino has been hunted to the brink of extinction by unscrupulous profiteers," said U.S. Attorney André Birotte Jr. "The rhino horn smuggling ring dismantled by Operation Crash contributed to the soaring increase in the trade of rhino horns both domestically and internationally and this illegal trade leads directly to increased poaching of the species in the wild. Operation Crash represents a giant step forward in the global fight to save a beautiful species like the Black Rhino from extinction."

"These individuals were interested in one thing and one thing only – making money," said FWS Director Dan Ashe. "They didn’t care about the law or about driving a species to the brink of extinction. We will continue to aggressively investigate and pursue traffickers who threaten the future of rhinos and other imperiled species."

Rhinoceros are an herbivore species of prehistoric origin and one of the largest remaining mega-fauna on earth. They have no known predators other than humans. All species of rhinoceros are protected under United States and international law, and all black rhinoceros species are endangered.

Since 1976, trade in rhinoceros horn has been regulated under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a treaty signed by over 170 countries around the world to protect fish, wildlife and plants that are or may become imperiled due to the demands of international markets. Nevertheless, the demand for rhinoceros horn and black market prices have skyrocketed in recent years due to the value that some cultures have placed on ornamental carvings, good luck charms or alleged medicinal purposes, leading to a decimation of the global rhinoceros population. As a result, rhino populations have declined by more than 90 percent since 1970. South Africa, for example, has witnessed a rapid escalation in poaching of live animals, rising from 13 in 2007 to a record 448 rhinos in 2011. As of Aug. 27, the total for 2012 stood at 339 rhinos, with a predicted loss of 515 by year end if current poaching rates continue.

Operation Crash (named for the term used to describe a herd of rhinoceros) is an ongoing effort to detect, deter and prosecute those engaged in the illegal killing of rhinoceros and the unlawful trafficking of rhinoceros horns. The investigation is being led by the Special Investigations Unit of the FWS Office of Law Enforcement and involves a nationwide task force of FWS special agents focused on rhino trafficking.

The first superseding information, plea agreements and statements made during court proceedings document the following facts:

During the conspiracy, beginning in January 2010 and continuing to February 2012, Felix Kha would contact Steffen and others regarding individuals located throughout the United States who were willing to sell white or black rhinoceros horn. On various dates, Jimmy Kha met with others who traveled to Long Beach, Calif., from various locations to provide compensation for previous rhinoceros horn purchases and shipments and to provide money to fund future purchases and shipments of rhinoceros horn. Jimmy and Felix Kha received, bought, sold and facilitated the transportation of black rhinoceros horn, prior to exportation, knowing that such rhinoceros horn was intended for exportation and that it was illegal under U.S. law to do so. Jimmy Kha paid, on average, between $5,000 to $7,000 per pound of rhinoceros horn. The black and white rhinoceros horn acquired by the defendants has a fair market value between, at a minimum, $1 million to $2.5 million.

Feng attempted to export a black rhinoceros horn, which he had obtained from the Khas, from the U.S. to China, by concealing the horn at the bottom of a package. The package, which was deposited with the U.S. Postal Service, contained a single black rhinoceros horn concealed under a layer of chocolates, cigarettes, biscuits, candy, sponges and packing materials. F eng falsely declared on a U.S. Postal Service Customs Declaration that the package contained "handcraft decorations" with a value of $25, "chocolate" with a value of $46, and "candy" with a value of $15.

As a supplier for the Khas, Steffen bought and mailed dozens of rhino horns to the pair and made at least 10 trips to California to pick up payment and collect money for additional purchases. On the last of these trips, Transportation and Security Administration officers, acting at the FWS’s request, stopped Steffan and two travel companions at the airport in Long Beach before they boarded their homebound flight and retrieved $337,000 from their luggage.

In February 2012 at the time of the arrest of Jimmy and Felix Kha, FWS agents seized, among other items, rhinoceros mounts, rhinoceros horns, an additional $1 million in cash, approximately $1 million in gold ingots, jewelry, watches, precious stones, a 2009 BMW 759 Li Sedan and a 2008 Toyota Forerunner.

Jimmy and Felix Kha each pleaded guilty to one count of conspiracy (maximum penalty of five years in prison), one count of smuggling goods from the United States (maximum penalty of ten years in prison), one count of Lacey Act trafficking (maximum penalty of five years in prison), one count of money laundering (maximum penalty of twenty years in prison), and one count of tax evasion (maximum penalty of five years in prison). Win Lee Corp. faces additional penalties, including fines totaling up to $1 million. Under the terms of their plea agreements, all of the items recovered from their residence, person, and Jimmy Kha’s business will be forfeited. In addition, Felix Kha will pay a tax fraud penalty and assessment of approximately $109,000, and Jimmy Kha will pay a tax fraud penalty and assessment of $76,000.

Jimmy and Felix are scheduled to be sentenced by U.S. District Judge Christina A. Snyder on Dec. 10, 2012 at 2:30 p.m. Feng will be sentenced on Oct. 10, 2012, and Steffen will be sentenced on Oct. 15, 2012.

U.S. Attorney Birotte Jr. and Assistant Attorney General Moreno commended FWS and its partners for their outstanding work on this investigation. Assisting agencies included the U.S. Postal Inspection Service, the Internal Revenue Service Criminal Investigations, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

The case is being handled by the U.S. Attorney’s Office for the Central District of California and the Environmental Crimes Section of the U.S. Department of Justice’s Environment and Natural Resources Division. Assistant U.S. Attorneys Joseph O. Johns and Dennis Mitchell and Shennie Patel, a Trial Attorney with the Environmental Crimes Section, are in charge of the prosecution.

WYOMING GRAY WOLF NO LONGER PROTECTED UNDER ENDANGERED SPECIES ACT

Photo: Wyoming Gray Wolf. Credit: Tracy Brooks, U.S. Fish And Wildlife Service.

FROM: U.S. FISH AND WILDLIFE SERVICE

Service Declares Wyoming Gray Wolf Recovered Under the Endangered Species Act and Returns Management Authority to the State
August 31, 2012

The U.S. Fish and Wildlife Service announced today that the Wyoming population of gray wolves is recovered and no longer warrants protection under the Endangered Species Act (ESA). Beginning September 30th, wolves in Wyoming will be managed by the state under an approved management plan, as they are in the states of Idaho and Montana.

"The return of the wolf to the Northern Rocky Mountains is a major success story, and reflects the remarkable work of States, Tribes, and our many partners to bring this iconic species back from the brink of extinction," said Fish and Wildlife Service Director Dan Ashe. "The wolf population has remained healthy under state management in Idaho and Montana, and we’re confident that the Wyoming population will sustain its recovery under the management plan Wyoming will implement."

The most recent official minimum population estimate shows that the Northern Rocky Mountain wolf population contains more than 1,774 adult wolves and more than 109 breeding pairs. Most of the suitable habitat across the Northern Rocky Mountain region is now occupied and likely at, or above, long-term carrying capacity. This population has exceeded recovery goals for 10 consecutive years.

The Service will continue to monitor the delisted wolf populations in all three states for a minimum of five years to ensure that they continue to sustain their recovery, and retains authority to reinstate ESA protections at any time if circumstances warrant.

"Our primary goal, and that of the states, is to ensure that gray wolf populations in the Northern Rocky Mountains remain healthy, giving future generations of Americans the chance to hear its howl echo across the area," added Ashe. "No one, least of all Idaho, Montana and Wyoming, wants to see wolves back on the endangered species list. But that’s what will happen if recovery targets are not sustained."

Wyoming has committed to meeting its statutory and regulatory standards by managing for a buffer above minimum management targets. The management framework adopted by the State is designed to maintain at least 150 wolves and 15 breeding pairs within the State of Wyoming. This is the same management objective as was adopted by the States of Montana and Idaho. The Service expects the Greater Yellowstone Area wolf population to maintain a long-term average of around 300 wolves, while the entire Northern Rocky Mountains Distinct Population Segment is expected to achieve a long-term average of around 1,000 wolves. These wolves represent a 400-mile southern range extension of a vast contiguous wolf population that numbers over 12,000 wolves in western Canada and about 65,000 wolves across all of Canada and Alaska.

In 2009, the Service published a final rule to remove ESA protections for gray wolves across the Northern Rocky Mountain distinct population segment, with the exception of those in Wyoming. Wyoming was not included because the state’s management plan did not provide the necessary regulatory mechanisms to assure that gray wolf populations would be conserved if the protections of the ESA were removed. Subsequently, the Service and the State of Wyoming developed points of agreement that would promote management of a stable, sustainable population of wolves and allow management authority to be turned over to the state. Wyoming subsequently developed a wolf management plan and amended its state law and regulations to codify those protections.

With publication of this final rule, the northern Rocky Mountain population of gray wolves that includes all of Montana, Idaho, and Wyoming, the eastern third of Washington and Oregon, and a small corner of north-central Utah will be managed by state and tribal jurisdictions. Today’s decision will take effect September 30th.

Biologists have determined that the vast majority of Wyoming’s wolf population and habitat is located in northwest Wyoming, where wolves will be managed as "trophy game" animals year-round. Trophy game status allows the Wyoming Game and Fish Commission and the Wyoming Game and Fish Department to regulate timing, methods, and numbers of wolves taken through regulated hunting and other methods such as control of wolves found to be depredating on livestock.

Existing Federal law prohibits hunting in Yellowstone National Park and Grand Teton National Park. No wolf hunting will occur in the John D. Rockefeller Jr. Memorial Parkway, the National Elk Refuge, and the Wind River Reservation in 2012, although hunting could occur in these three areas in future years. Beginning October 1, the State of Wyoming has authorized a harvest of 52 wolves in other portions of northwestern Wyoming’s Trophy Area in 2012. Current information indicates only about ten percent of the Greater Yellowstone Area wolf population resides outside the Trophy Game Area in Wyoming, where they have been designated as predators and can be taken with very few restrictions.



 

ANTIQUE DEALER PLEADS GUILTY TO TRAFFICKING IN RHIOCEROS HORN

Photo: Black Rhinoceros. Credit: U.S. Fish And Wildlife Service
FROM:  U.S. JUSTICE DEPARTMENT

WASHINGTON – David Hausman, an antiques dealer in Manhattan, pleaded guilty today in Manhattan federal court to obstruction of justice and creating false records, in relation to illegal rhinoceros horn trafficking, announced Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice, and Preet Bharara, U.S. Attorney for the Southern District of New York.

In the plea agreement, Hausman admitted that he committed these wildlife offenses while holding himself out to the U.S. Fish & Wildlife Service (FWS) as an antiques expert who purportedly wanted to help FWS investigate rhinoceros horn trafficking; in reality, he was covertly engaging in illegal activity himself. Hausman was arrested in February 2012 as part of "Operation Crash," a nationwide, multi-agency crackdown on those involved in the black market trade of endangered rhinoceros horn.

"Trafficking in endangered species like the black rhinoceros is an egregious violation of the laws enacted by Congress to protect endangered species from extinction," said Assistant Attorney General Moreno. "Mr. Hausman misled officers in a federal government investigation, falsified records and concealed his own purchase, sale and profit from illegal trade in black rhinoceros horns. This prosecution should send a strong message that we will vigorously prosecute those who deliberately violate wildlife protection laws."

"David Hausman pretended he was helping law enforcement protect a species from being wiped out but instead he was contributing to the very problem," said U.S. Attorney Bharara. "The laws that protect animals are not optional and will be enforced by this office vigorously since an important, even if less recognized, measure of justice is how we enforce the laws that protect endangered species. Thanks to the outstanding investigative work conducted by law enforcement in this case, Hausman’s deceptions were unsuccessful and he will now be held to account for his crimes."

Rhinoceros are an herbivore species of prehistoric origin and one of the largest remaining mega-fauna on earth. They have no known predators other than humans. All species of rhinoceros are protected under United States and international law, and all black rhinoceros species are endangered.

Since 1976, trade in rhinoceros horn has been regulated under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a treaty signed by over 170 countries around the world to protect fish, wildlife and plants that are or may become imperiled due to the demands of international markets. Nevertheless, the demand for Rhinoceros horn and black market prices have skyrocketed in recent years due to the value that some cultures have placed on ornamental carvings, good luck charms or alleged medicinal purposes, leading to a decimation of the global rhinoceros population.

Operation Crash is a continuing investigation being conducted by the Department of the Interior’s FWS in coordination with other federal and local law enforcement agencies including U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. A "crash" is the term for a herd of rhinoceros. Operation Crash is an ongoing effort to detect, deter and prosecute those engaged in the illegal killing of rhinoceros and the unlawful trafficking of rhinoceros horns. The investigation is being led by the Special Investigations Unit of the FWS Office of Law Enforcement and involves a nationwide task force of agents focused on rhino trafficking.

According to the information, plea agreement and statements made during court proceedings:

In December 2010, Hausman – while purporting to help the government crack down on illegal rhinoceros trading – advised FWS that the taxidermied head of a black rhinoceros containing two horns had been illegally sold by a Pennsylvania auction house. Upon learning that the sale was not finalized, Hausman covertly purchased the rhinoceros mount himself, using a "straw buyer" to conceal that he was the true purchaser because federal law prohibits interstate trafficking in endangered species. Hausman instructed the straw buyer not to communicate with him about the matter by email to avoid creating a paper trail that could be followed by law enforcement. After the purchase was completed, Hausman directed the straw buyer to remove the horns and mail them to him. He then made a realistic set of fake horns using synthetic materials and directed the straw buyer to attach them on the rhinoceros head in order to deceive law enforcement in the event that they conducted an investigation. After his arrest in February 2012, Hausman contacted the straw buyer and they agreed that the rhinoceros mount should be burned or concealed.

In a second incident, in September 2011, Hausman responded to an Internet offer to sell a (different) taxidermied head of a black rhinoceros containing two horns. Unbeknownst to Hausman, the on-line seller was an undercover federal agent. Before purchasing the horns on Nov. 15, 2011, Hausman directed the undercover agent to send him an email falsely stating that the mounted rhinoceros was over 100 years old, even though the agent had told Hausman that the rhinoceros mount was only 20 to 30 years old. There is an antique exception for certain trade in rhinoceros horns that are over 100 years old. By creating the false record as to the age of the horns, Hausman sought to conceal his illegal conduct. Hausman also insisted on a cash transaction and told the undercover agent not to send additional emails so there would be no written record. After buying the black rhinoceros mount at a truck stop in Princeton, Ill., agents followed Hausman and observed him sawing off the horns in a motel parking lot.

In February 2012 at the time of his arrest, FWS agents seized four rhinoceros heads from Hausman’s apartment as well as six black rhinoceros horns – two of which were the very horns he was seen sawing off in the parking lot – numerous carved and partially carved rhinoceros horns, fake rhinoceros horns and $28,000 in cash.

Hausman, 67, of New York, N.Y., pleaded guilty to one count of obstruction of justice, which carries a maximum penalty of 20 years in prison, and one count of creating a false record in violation of the Lacey Act, a federal wildlife protection statute, which carries a maximum penalty of five years in prison. Hausman faces a maximum sentence of 25 years in prison for these offenses. Under the terms of the plea agreement, almost all of the items recovered from Hausman’s apartment at the time of his arrest will be forfeited or put toward the criminal fine, except for three items for which Hausman established legal purchase and antique status. He is scheduled to be sentenced by U.S. District Judge J. Paul Oetken on Dec. 5, 2012, at 2:00 p.m.

U.S. Attorney Bharara and Assistant Attorney General Moreno commended FWS and the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations in Newark for their outstanding work in this investigation.

The case is being handled by the U.S. Attorney’s Complex Frauds Unit and the Environmental Crimes Section of the U.S. Department of Justice’s Environment and Natural Resources Division. Assistant U.S. Attorney Janis M. Echenberg and Richard A. Udell, a Senior Trial Attorney with the Environmental Crimes Section, are in charge of the prosecution.

MONTANA WILDFIRE FULL CONTAINMENT EXPECTED BY AUGUST 6

FROM: U.S. FISH AND WILDLIFE SERVICE
A wildfire started by lightning on July 31 has spread to nearly 9,500 acres of timber, grass, and sagebrush on the Charles M. Russell National Wildlife Refuge in central Montana. The historic Jim Wells cabin escaped damage, but two horse corrals on the property were burned. Fifteen U.S. Fish and Wildlife Service firefighters and 9 personnel from partner agencies been working to contain the blaze, named the Wells Fire. The fire is expected to spread, as it is confined between refuge roads and the Missouri River. The incident management team has accomplished 30% containment and estimates full containment by August 6.